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Madras High CourtWP/35734/2023disposed of

Moorthy v. The Tahsildar

2024-01-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Moorthy ... Petitioner Vs.

1. The Tahsildar, O/o the Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, Uthangarai Taluk Office, (Survey Section), Uthangarai Taluk, Krishnagiri District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the land to an extent of 1 acres 93 cents comprised in S.No.207/4A, 207/4D, 208/1A1, 208/1A5, 207/4C, 208/1A3 bearing Patta No.1254 situated at Karapattu Village, Uthangarai Taluk, Krishnagiri District, on the basis of the petitioner's representation dated 07.03.2023.

For Petitioner : Mr.T.Arockia Dass for Dass and Viswa Associates For Respondents : Mr.R.Vigneshwaran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to survey the land to an extent of 1 acres 93 cents comprised in S.No.207/4A, 207/4D, 208/1A1, 208/1A5, 207/4C, 208/1A3 bearing Patta No.1254 situated at Karapattu Village, Uthangarai Taluk, Krishnagiri District, on the basis of the petitioner's representation dated 07.03.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the

petitioner's representation dated 07.03.2023, if the petitioner is otherwise eligible and conduct enquiry and survey in the manner known to law after issuing notice and giving opportunity of hearing to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, as the case may be and dispose the petitioner's representation in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

02.01.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Tahsildar, O/o the Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, Uthangarai Taluk Office, (Survey Section), Uthangarai Taluk, Krishnagiri District.

P.VELMURUGAN, J.

mfa 02.01.2024